Avanos Medical Sales, LLC v. Medtronic Sofamor Danek USA, Inc. et al
| Avanos Medical Sales, LLC |
| Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. and Medtronic, PLC |
| 2:2019cv02754 |
| November 4, 2019 |
| US District Court for the Western District of Tennessee |
| Jon Phipps McCalla |
| Tu M Pham |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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This docket was last retrieved on October 4, 2021. A more recent docket listing may be available from PACER.
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Filing 72
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2-10-20, Proceedings before Judge Jon Phipps McCalla. Court Reporter Mark Dodson, Telephone number 901-525-2803. Tape Number: none. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 3/4/2020. Redaction Request due 3/20/2020. Release of Transcript Restriction set for 5/28/2020. (Dodson, Mark)
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Filing 71
STATUS REPORT [Defendants List of Relevant Cases per ECF #68] by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Sooter, Mary)
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Filing 70
SETTING LETTER: A Claims Construction Hearing is set for Wednesday, 9/16/2020 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined by the judicial courtroom sharing plan. (jrs)
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Filing 69
Exhibit List for Patent Scheduling Conference on 2/10/2020. (jrs)
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Filing 68
Minute Entry for proceedings held before Judge Jon Phipps McCalla: Patent Conference held on 2/10/2020. Paul A. Bondor, Amanda Potter, Albert C. Harvey, and Nicholas Vescovo appeared for the Plaintiff. Avanos Corporate Rep Karen Borelli also present. Mary Virginia Sooter, Douglas F. Halijan, Alexis Cohen, and Helena Rachael Million-Perez appeared for the Defendants. Medtronic Corporate Reps Chad Hansen and Shane Sondreal also present. RFA technology overview presented to the Court. Exhibits 1, 2, and 3 marked and admitted. Defendant's motion to dismiss likely will be denied at this time. Relevant recent cases to be submitted by noon on 2/12/2020. Claims Construction Hearing set for Wednesday, 9/16/2020 at 9:30 AM before Judge Jon Phipps McCalla. Order to be entered. (Court Reporter: Mark Dodson) (jrs)
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Filing 67
ORDER granting #66 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 2/6/2020. (aac) *TEXT ORDER ONLY*
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Filing 66
MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3277977) by Avanos Medical Sales, LLC. (Potter, Amanda)
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Filing 65
REPORT of Rule 26(f) Planning Meeting - Joint Planning Report and Proposed Schedule. (Vescovo, Nicholas)
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Filing 64
SETTING LETTER: The Patent Scheduling Conference is *RESET on Monday, 2/10/2020 to 11:00 AM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. *TIME CHANGE ONLY.*(jrs)
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Filing 63
REPLY to Response to Motion re #60 Response in Opposition to Motion [Reply in Support of Defendants Motion to Dismiss Plaintiff's Complaint] filed by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Sooter, Mary)
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Filing 62
ORDER GRANTING TWO WEEK EXTENSION FOR DEFENDANTS INVALIDITY AND UNENFORCEABILITY CONTENTIONS. Signed by Judge Jon Phipps McCalla on 1/16/20. (aac)
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Filing 61
RESPONSE in Opposition re #56 MOTION to Extend Deadline [Motion to Extend Patent Disclosure Deadlines and Memorandum of Facts and Law] filed by Avanos Medical Sales, LLC. (Vescovo, Nicholas)
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Filing 60
RESPONSE in Opposition re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Avanos Medical Sales, LLC. (Vescovo, Nicholas)
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Filing 59
NOTICE by Avanos Medical Sales, LLC of Service of Initial Infringement Contentions (Vescovo, Nicholas)
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Filing 58
SETTING LETTER: The Patent Scheduling Conference is reset to Monday, 2/10/2020 at 10:00 AM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. (jrs)
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Filing 57
ORDER RESETTING PATENT SCHEDULING CONFERENCE. Signed by Judge Jon Phipps McCalla on 12/30/2019. (mom)
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Filing 56
MOTION to Extend Deadline [Motion to Extend Patent Disclosure Deadlines and Memorandum of Facts and Law] by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Sooter, Mary)
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Filing 55
Joint MOTION to Continue [Joint Motion to Reschedule Patent Scheduling Conference] [proposed Order submitted] by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Sooter, Mary)
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Filing 54
NOTICE by Avanos Medical Sales, LLC Patent Scheduling Conference Notice (Vescovo, Nicholas)
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Filing 53
ORDER granting #51 Stipulation of Dismissal as to Medtronic plc. Signed by Judge Jon Phipps McCalla on 12/17/19. (aac) Modified on 12/18/2019 to reflect incorrect document association. (aac).
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Filing 52
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sooter, Mary)
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Filing 51
STIPULATION of Dismissal [Stipulation and Order Dismissing Complaint as to Medtronic plc by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Medtronic, PLC. (Sooter, Mary)
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Filing 50
NOTICE of Appearance by Sarah Elizabeth Stuart on behalf of All Defendants (Stuart, Sarah)
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Filing 49
NOTICE of Appearance by Douglas F. Halijan on behalf of All Defendants (Halijan, Douglas)
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Filing 48
ORDER granting #47 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/10/19. *TEXT ORDER ONLY* (aac)
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Filing 47
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3234357) by Avanos Medical Sales, LLC. (Leary, Brian)
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Filing 46
ORDER granting #44 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/9/19. *TEXT ORDER ONLY* (aac)
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Filing 45
ORDER granting #43 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/9/19. *TEXT ORDER ONLY* (aac)
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Filing 44
MOTION for Leave to Appear Pro Hac Vice [proposed order submitted] (Filing fee $ 150 receipt number ATNWDC-3233666) by All Defendants. (Cohen, Alexis)
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Filing 43
MOTION for Leave to Appear Pro Hac Vice [proposed order submitted] (Filing fee $ 150 receipt number BTNWDC-3233632) by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Medtronic, PLC. (Lantier, Gregory)
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Filing 42
SETTING LETTER: A Patent Scheduling Conference is set for Thursday, 1/16/2020 at 2:00 PM before Judge Jon Phipps McCalla. (jrs)
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Filing 41
NOTICE by Avanos Medical Sales, LLC re #16 Order on Motion for Miscellaneous Relief of Filing FedEx Proof of Signature (Attachments: #1 Exhibit A - FedEx Proof of Signature)(Vescovo, Nicholas)
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Filing 40
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/5/19. *TEXT ORDER ONLY* (aac)
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Filing 39
MOTION for Leave to Appear Pro Hac Vice [proposed order submitted] (Filing fee $ 150 receipt number ATNWDC-3230789) by All Defendants. (Sooter, Mary)
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Filing 38
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/5/19. *TEXT ORDER ONLY* (aac)
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Filing 37
MOTION for Leave to Appear Pro Hac Vice [proposed order submitted] (Filing fee $ 150 receipt number ATNWDC-3230252) by All Defendants. (Takhar, Phillip)
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Filing 36
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 12/4/19. *TEXT ORDER ONLY* (aac)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice [proposed order submitted] (Filing fee $ 150 receipt number ATNWDC-3229462) by All Defendants. (Dooley, Nicole)
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Filing 34
NOTICE of Appearance by Helena Rachael Million-Perez on behalf of All Defendants (Million-Perez, Helena)
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Filing 33
ORDER granting #32 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 11/27/19. *TEXT ORDER ONLY* (aac)
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Filing 32
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3226243) by Avanos Medical Sales, LLC. (Desmarais, John)
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Filing 31
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 11/27/19. *TEXT ORDER ONLY* (aac)
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Filing 30
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 11/27/19. *TEXT ORDER ONLY* (aac)
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Filing 29
ORDER granting #28 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 11/27/19. *TEXT ORDER ONLY* (aac)
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Filing 28
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3225899) by Avanos Medical Sales, LLC. (Bondor, Paul)
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Filing 27
ATTACHMENT to #20 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by Avanos Medical Sales, LLC.. (Krause, Todd)
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Filing 26
ORDER granting #24 Motion for Extension of Time to Answer for All Defendants. Signed by Judge Jon Phipps McCalla on 11/25/19. Responsive pleadings now due 12/16/2019. *TEXT ORDER ONLY* (aac)
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Filing 25
Corporate Disclosure Statement by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Medtronic, PLC identifying Corporate Parent Medtronic plc for Medtronic Sofamor Danek USA, Inc., Medtronic, Inc... (Million-Perez, Helena)
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Filing 24
MOTION for Extension of Time to File Answer re #1 Complaint, by All Defendants. (Attachments: #1 Proposed Order)(Million-Perez, Helena)
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Filing 23
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #20 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) filed by Avanos Medical Sales, LLC has been filed. For future reference, please note Filer checked "fee paid as part of previous filing", but there is no previous entry for phv motion for Todd Kraus ". Please refer to the #ECF User Manual and #ECF Policies and Procedures. Please submit the payment upon receipt of this notice.(jae)
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Filing 22
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #21 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3221906) filed by Avanos Medical Sales, LLC has been filed. However, the following deficiency has been found: In DE 18, filer only included one certificate of good standing. In DE 21, the same certificate was published. Our Local Rule 83.4 requires two certificates of good standing. PLEASE PUBLISH THE SECOND CERTIFICATE UNDER THE EVENT "ATTACHMENT" AND LINK TO DE #21 . Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 21
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3221906) by Avanos Medical Sales, LLC. (Habbaz, Raymond)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by Avanos Medical Sales, LLC. (Krause, Todd)**Filing fee paid $150 - Rec # ATNWDC3221900** Modified on 11/22/2019 (jae).
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Filing 19
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #18 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3219457) filed by Avanos Medical Sales, LLC has been filed. However, the following deficiency has been found: Attorneys must submit their application via PACER (see our website for instructions on how to file phv), and once a log in and password has been obtained, submit the phv motion themself to CM/ECF, along with TWO certificates of good standing. This motion will be termed pending correct filing. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3219457) by Avanos Medical Sales, LLC. (Vescovo, Nicholas)
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Filing 17
Summons Issued as to Medtronic, PLC. Summons, complaint, civil cover sheet, order and cover letter given to runner for Lewis Thomason to deliver to USPS and FedEx for service. (jae)
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Filing 16
ORDER granting #15 Motion for ORDER DIRECTING SERVICE OF PROCESS ABROAD. Signed by Judge Jon Phipps McCalla on 11/8/19. (aac)
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Filing 15
MOTION for Entry of Order Directing Service of Process Abroad by Avanos Medical Sales, LLC. (Attachments: #1 Exhibit A - Proposed Cover Letter)(Vescovo, Nicholas)
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Filing 14
NOTICE of Appearance by Christopher L. Vescovo on behalf of Avanos Medical Sales, LLC (Vescovo, Christopher)
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Filing 8
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint, filed by Avanos Medical Sales, LLC has been filed. Please note ECF Policies and Proceedures 10.1 electronic signature should be used on the civil cover sheet also the filer and the signature on the civil cover sheet do not match. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jld)
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Filing 13
Summons Issued as to Medtronic, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
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Filing 12
Summons Issued as to Medtronic Sofamor Danek USA, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
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Filing 11
Summons Issued as to Medtronic, PLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) (Main Document 11 replaced on 11/5/2019) (jld). (Main Document 11 replaced on 11/5/2019) (jld).
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Filing 10
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld)
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Filing 9
****NO ADR On Patent Cases Please Disregard***** Modified on 11/5/2019 (jld).
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Filing 7
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Complex track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld)
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Filing 6
Judge Jon Phipps McCalla and Magistrate Judge Tu M. Pham added. (jld)
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Filing 5
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,882,755; . (Vescovo, Nicholas)
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Filing 4
Corporate Disclosure Statement by Avanos Medical Sales, LLC identifying Corporate Parent Avanos Medical, Inc. for Avanos Medical Sales, LLC.. (Vescovo, Nicholas)
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Filing 3
NOTICE of Appearance by Nicholas Lloyd Vescovo on behalf of All Plaintiffs (Vescovo, Nicholas)
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Filing 2
NOTICE of Summons by Albert C. Harvey on behalf of Avanos Medical Sales, LLC. (Attachments: #1 Summons, #2 Summons)(Harvey, Albert)
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Filing 1
COMPLAINT against Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., Medtronic, PLC (Filing fee $ 400 receipt number ATNWDC-3207157), filed by Avanos Medical Sales, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Harvey, Albert)
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